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Glen Buckley and Australian small business -V- CASA

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Glen Buckley and Australian small business -V- CASA

Old 25th Jun 2020, 13:32
  #1061 (permalink)  
 
Join Date: Oct 2011
Location: Australia
Posts: 28
Yes LB,

That's the unfortunate truth.
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Old 30th Jun 2020, 08:57
  #1062 (permalink)  
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Update _ Legal

I am advised by my Lawyer, that CASA has made a financial offer to settle this matter. I will meet with my Lawyer at the soonest opportunity. You have my assurance that I will post that offer up on this forum. I would then be very keen to solicit feedback.

Cheers. Glen



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Old 30th Jun 2020, 09:10
  #1063 (permalink)  
 
Join Date: Jan 2018
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Originally Posted by glenb View Post
I am advised by my Lawyer, that CASA has made a financial offer to settle this matter. I will meet with my Lawyer at the soonest opportunity. You have my assurance that I will post that offer up on this forum. I would then be very keen to solicit feedback.

Cheers. Glen
Good luck glen hopefully over for you soon

Wayne
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Old 30th Jun 2020, 10:16
  #1064 (permalink)  
 
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Originally Posted by glenb View Post
I am advised by my Lawyer, that CASA has made a financial offer to settle this matter. I will meet with my Lawyer at the soonest opportunity. You have my assurance that I will post that offer up on this forum. I would then be very keen to solicit feedback.

Cheers. Glen
Hi Glen,
I certainly hope that any offer they make compensates you fully for the turmoil that they have put you and your family through.
You are an absolute inspiration and I admire the way that you've taken on this fight and the way that you have handled yourself throughout, a true professional.
I only know you by reputation but from what I do know, Australian aviation absolutely needs people like you!
All the best for a good outcome.
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Old 30th Jun 2020, 10:22
  #1065 (permalink)  
 
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Originally Posted by glenb View Post
I am advised by my Lawyer, that CASA has made a financial offer to settle this matter. I will meet with my Lawyer at the soonest opportunity. You have my assurance that I will post that offer up on this forum. I would then be very keen to solicit feedback.

Cheers. Glen
I expect they will wish to shut your voice with the offer via non-disclosure settlement.

I bribe in any other term to prevent the truth ever getting told, paid for by the Tax Payer.
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Old 30th Jun 2020, 10:37
  #1066 (permalink)  
 
Join Date: Oct 2006
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Glen, got my fingers crossed for you mate.
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Old 30th Jun 2020, 10:47
  #1067 (permalink)  
 
Join Date: Jan 2007
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There WILL be very strict Non disclosure clauses in any settlement.

Not withstanding;

Glen.. is this a settlement for liable in comments made? or is this a settlement in TOTAL for Loss of income, potential income etc, loss of business and future opertunities?

Best wishes!

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Old 30th Jun 2020, 13:01
  #1068 (permalink)  
 
Join Date: Jan 2008
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Yay! Best news for ages, good luck Glen.
Call their bluff perhaps?
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Old 30th Jun 2020, 13:02
  #1069 (permalink)  
 
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Glen, shut up. Just tell us if the result is satisfactory.
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Old 30th Jun 2020, 15:24
  #1070 (permalink)  
 
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Originally Posted by Sunfish View Post
Glen, shut up. Just tell us if the result is satisfactory.
Well until you've spent the money! Good luck Glen - we're all with you........................
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Old 1st Jul 2020, 02:14
  #1071 (permalink)  
 
Join Date: Jan 2016
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Glen -I signed one when I had a payout from another federal government agency. The non-disclosure was very strict and I tried to abide by it.

This did not stop employees of the agency trying to stop my appointment when I found another job, fortunately my new manager trusted them as much as I did so their "advice" was rejected.

Reason - they have the money to take you to court if you disclose - they also have the money to fight you to death in court if you try to sue them for disclosure.
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Old 1st Jul 2020, 04:36
  #1072 (permalink)  
 
Join Date: May 2016
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Well I'm suprised somewhat, but good to hear there is somekind of forward movement at present.
Still wont replace where this fellow had wanted to take his business(or the local flight training industry), but hey, better than a kick in the pants.
Not sure about posting that offer here though.
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Old 1st Jul 2020, 05:36
  #1073 (permalink)  
 
Join Date: Apr 2019
Location: Australia
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The NDA will most likely not permit you to share the terms of the offer with anyone, especially on a public forum.

Hoping the offer is acceptable to you Glen.
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Old 1st Jul 2020, 22:52
  #1074 (permalink)  
 
Join Date: Jun 2008
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The first offer will be insulting. Hold your ground for a decent offer Glen and all the best!
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Old 2nd Jul 2020, 00:31
  #1075 (permalink)  
 
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I think there may be TWO issues at stake here...

(1) Is the settlement relating only to those comments referred to by Glen's lawyer writing to CASA (post #1047) ?

(2) Is the settlement a TOTAL payout for the damage to Glen's reputation, loss of business, future earnings, growth of business ?
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Old 2nd Jul 2020, 03:59
  #1076 (permalink)  
 
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If it was me, I’d be asking for a written apology as well. That would be public.
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Old 2nd Jul 2020, 04:11
  #1077 (permalink)  
 
Join Date: Oct 2011
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The fact that the defendant to an action seeks to make an offer of a financial settlement without the matter going before an arbitrator or magistrate is reason enough to know that the defendant doesn't wish to have their actions examined by such and potentially finding evidence of its actions on the public record.
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Old 2nd Jul 2020, 07:43
  #1078 (permalink)  
 
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They are shitscared. The know that they will lose. Take em to court for all you can. Get your compensation for everything and shame them in public. Bastards!
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Old 2nd Jul 2020, 08:39
  #1079 (permalink)  
 
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Whilst a sizeable figure should be paid it's the addmition that they where corrupt in their dealings that is priceless! Not only for Glen but the whole of the aviation community! You would think this disgraceful situation was happening in Columbia instead of corruot Australia!
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Old 2nd Jul 2020, 09:18
  #1080 (permalink)  
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Update

I have been advised of the suggested payment to finalize this matter.

On this matter, it only relates to the reputational damage caused to me and includes the direction by CASA that my continuing employment was untenable in light of the comments I was making publiclyi.e. on PPRuNe as that is the ONLY place I post about this.

CASA has offered significantly less than $10,000 I am advised. (significantly less!). Being the somewhat thick-skinned fella that I am, I shrug it off. It only completely confirms my belief that CASA is not demonstrating any "good intent" whatsoever.

I have the Ombudsmans investigation continuing, and am confident that will demonstrate the unsafe culture that exists within CASA. in the interim. I will publish a letter that i have sent to the Deputy Prime Minister some time ago and anxiously await his response
18/05/2020

To: The Deputy Prime Minister, the Honourable Mr Michael McCormack.

In this correspondence, I am writing to you in your role as the Minister for Infrastructure, Transport, and Regional Development. In that portfolio, you have responsibility for the Civil Aviation Safety Authority and the safety of aviation in Australia,

My name is Glen Buckley of 6 Susan Court Mount Waverley 3149.

Drawing on 25 years’ experience in the flight training industry, I am well qualified to make the statements that follow:

I fully stand behind everything I say. I am fully accountable for these comments in law. They are not intended to be vindictive or vexatious.

I am drawing your attention to a small group of CASA personnel, whose deliberate and considered actions and decisions negatively impact aviation safety.

I intend to name the personnel, but prior to that I will outline my considerations in doing so.

· I am naming them, as this is primarily a matter of aviation safety in Australia.

· I make no assertions about them outside of their conduct within the workplace, and they may well be good citizens of the wider community. I am only addressing their conduct in the workplace while exercising their power as CASA employees.

· I am naming them to protect the reputation of the vast majority of CASA employees who act professionally, and the reputation of CASA. The allegations are against a small number of the CASA Executive, and not the wider organisation.

· I have written to the Board of CASA on multiple occasions over a period of 6 months raising concerns of good governance. That correspondence was completely ignored. I have reasonable concerns that elements of the Board may be trying to “cover up” this matter, and from my personal experience that is my firm belief. I have been assured by Mr Mathews, the Chair of the CASA Board that you are aware of these allegations, nevertheless I feel it best to have it documented.

· I am endeavouring to minimise any further harm to my reputation and welfare, and that of other affected individual's and businesses.

Every statement I make can be well supported with documentary evidence, and that is the purpose of this correspondence. I am seeking a meeting with yourself or your nominee to submit my supporting evidence. I anticipate that would take approximately 90 minutes. I feel this would be the most efficient and effective use of resources for your Department. I would welcome any CASA representatives at any meeting you are able to facilitate. I am able to attend that meeting alone or with other industry participants that share these views, and have been impacted by unlawful, unfair and unjust conduct by these individuals.

It is important to point out that the first three named individuals have had similar allegations bought against them previously by Mr. Bruce Rhoades. Unfortunately, Mr. Rhoades passed away from aggressive cancer prior to being able to fully prosecute his case. It was however the subject of an ABC program. I had the opportunity to speak to Mr. Bruce Rhoades prior to his death, and his allegations were concerningly similar to my own.

I am alleging that the following four CASA Personnel:

1. Mr. Graeme Crawford- CASA Executive Manager- Aviation Group

2. Mr. Jonathan Aleck- CASA Executive Manager- Legal, International and Regulatory Affairs.

3. Mr. Craig Martin- CASA Executive Manager Regulatory Services and Surveillance

4. Mr Jason McHeyzer- CASA Region Manager Southern Region.

have.

· Made deliberate decisions, and have taken actions that do less than, maintain or improve aviation safety. In fact those actions and decisions degrade the safety of aviation.

· Have not acted in accordance with the Ministers Statement of Expectations to CASA.

· Breached obligations placed on them by the APS Code of conduct including specifically that they;

1. Have not behaved with honesty and integrity in connection with their employment.

2. Have not acted with care and diligence in connection with their employment.

3. Have acted to bully and intimidate.

4. They have not complied with legal obligations placed upon them.

5. They have not used Commonwealth resources in a proper manner or for a proper purpose.

6. They have provided false and misleading information.

7. They have caused detriment to several businesses, the loss of many millions of dollars investment in the aviation sector, and deprived a number of persons of their ability to derive a livelihood.

· Breached the requirements of Administrative law, Procedural Fairness and Natural Justice.

· Have breached CASAs own Regulatory Philosophy.

· Have breached obligations placed on them by the PGPA Act.

· Have knowingly and deliberately breached, clearly stipulated procedures in CASAs procedural manuals.

· Have breached obligations placed on them in Administrative Law.

· Have not behaved with honesty and integrity.

The affected Parties are aware that there is an option to pursue legal action, but that is not our preferred option. That would involve costly and protracted processes. That places an unfair burden on the parties bringing your attention to these serious allegations and should be entirely unnecessary, provided you are willing to facilitate the requested meeting.

Saying that, I must draw your attention to the fact that three legal firms have been extensively consulted, with each of them specialising in their respective fields. Legal advice suggests that there is a valid basis for a claim should the decision be made to proceed. The first of those three legal cases will commence shortly. One of the three cases will be a class action.

I have requested that the issuing of legal processes be held off until week commencing 25/05/20, in the hope that you feel you are compelled to act.

I give you my personal assurance, that should you choose not to assist in a resolution, that legal action will commence, as my options will be exhausted. I am fully satisfied that there is a deliberate attempt by CASA to “cover up” this matter,

You are aware that the action CASA took was not based on any safety concerns.

The Australian people deserve a Government that will act with integrity and in the best interests of the people that they serve. The opportunity to perform in the role of a Minister in the Australian Government is an honour, and it comes with an expectation that you will act at all times, to the highest standards of probity. By conforming to those obligations, you will maintain the trust of the Australian public.

In your role as the Deputy Prime Minister and the Minister for Infrastructure, Transport and Regional Development, you have been entrusted with considerable privilege and wide discretionary power. There is an expectation that when acting in that role, you will act with due regard for integrity, fairness, accountability and responsibility, and in the public interest. As the Minister for Infrastructure, Transport and Regional Development you are accountable and responsible for the Civil Aviation Safety Authority (CASA)

You have obligations placed on you to ensure that public servants are deployed only for appropriate public purposes.

You have obligations to ensure that reasonable measures are put in place within your area of responsibility to discourage and prevent corrupt conduct by officials.

I respectfully request that you give this correspondence the attention that it deserves, and provide me with the opportunity to present the evidence to you, or your trusted nominee at the earliest opportunity.

Respectfully,

Glen Buckley.
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